ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 6, 2003 AT 1:30 P.M.
NO MEETING ON NOVEMBER 10, 2003
NOVEMBER 17, 2003 MEETING AT 5:30 P.M.
NOVEMBER 24, 2003 MEETING AT 1:30 P. M.
ALL MEMBERS PRESENT
1) Manager application of Marlys K. Young for Eating
Establishments Holding Company Inc. dba Flatwater
Grill/Runza Restaurant at 210 N. 14th Street.
(CON'T. P.H. & ACTION TO 10/13/03, 7-0)
2) Manager application of Marlys K. Young for Eating
Establishments Holding Company Inc. dba Flatwater
Grill/Lincoln Station at 201 N. 7th Street, Suite
100. (CON'T. P.H. & ACTION TO 10/13/03, 7-0)
3) Application of Jan-Al Inc. dba Simply Paradise
Social Hall for an expansion of their licensed
premises by the addition of an area measuring
approximately 16' by 5' on the south side of the
premises, making the licensed description as the
entire one story irregular shaped building
approximately 50' by 128' plus enclosed deck area
40' by 47' to the north, on property generally
located at 3235 N. 35th Street.
(ADOPTED FOR APPROVAL, 7-0; A-82365)
4) Application of Chad and Kira Goertzen dba Zen's
for a liquor catering license at 122 N. 11th
Street, Suite 2.
(ADOPTED FOR APPROVAL, 7-0; A-82366)
5) Application of Overstreet, Inc. dba T's Stop &
Shop for a Class B liquor license at 1301 N. 27th
Street. (ADOPTED FOR DISAPPROVAL, 7-0; A-82367)
6) Manager application of Lakisha R. Overstreet for
Overstreet, Inc. dba T's Stop & Sho at 1301 N.
27th Street. (ADOPTED FOR DISAPPROVAL, 7-0;
ORDINANCES - 2ND READING - NONE
SPECIAL PUBLIC HEARING - SETTING THE 2003/04 PROPERTY TAX RATE
7) 03R-265 Approving the 2003 - 2004 City tax rate of .29028
per $100 of assessed valuation which lowers the
tax rate from the current year by 7.7%.
Fact Sheet (58K)
(ADOPTED, 6-1; CAMP DISSENTING; A-82369)
PUBLIC HEARING - RESOLUTIONS
8) 03R-261 Ordering Ornamental Lighting District
No. 286 constructed, being South 20th
Street to South 27th Street, Van Dorn
Street to High Street. (9/22/03 -
P.H. 9/29/03 and 10/6/03 w/possible Action 10/6/03)
(ADOPTED, 7-0; A-82370)
9) 03R-266 Reappointing John Carter, Gary Hejl, Sheryl
Jordan, Lori Lopez Urdiales, Jose Soto, and Mary
Jane Steward to the Community Development Task
Force for a three-year term expiring August 31,
2006. (ADOPTED, 7-0; A-82371)
10) 03R-267 Reappointing Rob Hackwith and Jeff Chambers to the
Cable Advisory Board for a three-year term
expiring July 1, 2006. (ADOPTED, 7-0; A-82372)
11) 03R-268 Reappointing Barry Moore and Dr. Gregory Kallos to
the Lincoln Area Agency on Aging Advisory Council
for a three-year term expiring July 1, 2006.
(ADOPTED, 7-0; A-82373)
12) 03R-269M Approving the application of Conner's
Architectural Antiques for the use of public
right-of-way for the installation of a wheel chair
ramp at 1001 L Street.
Fact Sheet (56K)
(ADOPTED, 7-0; A-82374)
13) 03R-270 Approving an amendment to the Software License
Agreement between the City and J.D. Edwards Co. to
include Lancaster County and the Affiliate
Amendment that binds Lancaster County to the
original agreement and approving a Memorandum of
Understanding between the City and Lancaster
County to detail cost distributions between the
City and County.
Fact Sheet (76K)
(ADOPTED, 7-0; A-82375)
14) 03R-271 Special Permit No. 572F - Application of Margaret
Nelson to amend Thomasbrook Community Unit Plan to
reduce the rear yard setback to enclose an
existing patio at 2411 S. 60th Street within the
area of the Holmeshaven Condominiums.
Fact Sheet (325K)
(ADOPTED, 7-0; A-82376)
15) 03R-272 Special Permit No. 643E - Application of Pat
McGrane to amend Briarhurst West Community Unit
Plan to reduce the rear yard setback for an
enclosed deck on Lot 22, Block 5, Briarhurst West
4th Addition, located at 5433 S. 31st Street
Fact Sheet (409K)
(ADOPTED, 7-0; A-82377)
16) 03R-273 Special Permit No. 1022D - Application of South
Lincoln Apartments Limited Partnership II to amend
Old Cheney Place Community Unit Plan to add a 12-
unit multi-family building, with waivers of the
preliminary plat process to allow the Director of
Planning to approve an administrative final plat
in accordance with the approved community unit
plan which includes public streets and private
roadways, on property generally located at S. 27th
Street, north of Old Cheney Road.
Fact Sheet (785K)
(ADOPTED, 7-0; A-82378)
17) 03R-274 Special Permit No. 671B - Application of Mike
Winter to amend Wassung Park Community Unit Plan
to reduce the side yard setback from 10' to 5' on
Lot 12, Block 2, Wassung Park North Addition,
located at 3921 and 3923 N. 8th Street.
Fact Sheet (374K)
(ADOPTED, 7-0; A-82379)
18) 03R-275 Authorizing the acquisition of fee title and/or
conservation easements to implement the Southeast
Upper Salt Creek Watershed Stormwater Master Plan.
Fact Sheet (68K)
(WITHDRAWN, 7-0; #38-4453)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
19 Setting the hearing date of Monday, October
20, 2003 at 1:30 p.m. for the App. of Lincoln
Air Host Inc. dba "Air Host Restaurant &
Lounge" for a temporary change of location
from area 35' x 296' on second floor to area
34' x 27' in the deli & gift shop also on the
second floor at 2400 W. Adams.
(ADOPTED, 7-0; A-82380)
20) Setting the hearing date of Monday, October 20,
2003 at 1:30 p.m. for the App. of KKR Enterprises,
Inc. dba "Lancaster's" for a Class "C" liquor
license located at 3800 Old Cheney Road, Suite
#105-106. (ADOPTED, 7-0; A-82381)
21) Setting the hearing date of Monday, October 20,
2003 at 1:30 p.m. for the App. of Chipotle Mexican
Grill of Colorado, LLC dba "Chipotle Mexican
Grill" for a Class "I" liquor license located at
232 N. 13th Street. (ADOPTED, 7-0; A-82382)
22) Setting the hearing date of Monday, October 20,
2003 at 1:30 p.m. for the App. of The Dugout, Inc.
dba "The Dugout Sports Restaurant" for a Class "C"
liquor license located at 311 N. 8th Street, Suite 1.
(ADOPTED, 7-0; A-82383)
23) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of ordinances
and resolutions passed by Council on September 29, 2003.
(PLACED ON FILE)
Report from Lincoln Water & WasteWater System for the
recapitulation of daily cash receipts fro September 2003.
(PLACED ON FILE)
Report from City Treasurer of Telecommunications
Occupation Tax for the month of August, 2003: ACN Comm.,
Working Assets, Virgin Mobile USA, CIII Comm., Global
Crossing, Touch America, Cricket Comm., Trans Nat'l.
Comm. Int'l., Belt Atlantic, Primus, Verizon Select,
OnStar Corp., At & T Comm. of Midwest, Quest,
Intellicall Operator Serv., Nebraska Technology &
Telecomm., Guaranteed Phone Service, McLeod USA.
(PLACED ON FILE)
Second Quarter Financial Report 2003 from Lincoln
Electric System. (PLACED ON FILE)
Investment of Funds from September 29 through
October 3, 2003. ADOPTED, 7-0; A-82384)
REPORTS OF CITY OFFICERS
24) Setting the hearing date of Monday, November 3,
2003, at 1:30 p.m. for the Board of Equalization
for Downtown Business Improvement District, Core
Business Improvement District Overlay & Downtown
Maintenance District. (Requires a Motion)
25) Report of City Treasurer of Telecommunications
Occupation Tax for the month of August, 2003:
Sprint Communication, Network Billing Systems, MCI
WorldCom Network, VoiceCom, Norstan Network, XO
Long Distance Services, Telco Development, Excel,
Sprint Spectrum. (PLACED ON FILE)
26) Report of City Treasurer of Cash on Hand at the
close of business August 31, 2003. (PLACED ON
ORDINANCES - 1st READING (ITEMS 27 & 28 HAD 1ST READING)
27) 03-152 Amending Section 26.33.020 of the Lincoln
Municipal Code to include a maximum unit fee of
$2,000 for applications for final plats.
Fact Sheet (17K)
28) 03-153 Vacating the south 155' of S.W. 32nd Street,
generally located between West O Street and the
BNSF Railroad lines south of West O Street.
Fact Sheet (248K)
ORDINANCES - 3RD READING
& RESOLUTIONS FOR ACTION
29) 03-148 Change of Zone 3414 - Application of John, Janice,
and Gary VerMaas for a change of zone from P
Public Use District to O-3 Office Park District on
property generally located northeast of the
intersection of Pioneers Boulevard and Highway 2.
(In connection w/03R-250)
Fact Sheet (737K)
(PASSED, 7-0; #18252)
30) 03R-250 Use Permit 152 - Application of John, Janice, and
Gary VerMaas to develop 49,900 square feet of
medical, financial, and office floor space, with
waivers to the required front yard setback along
S. 13th Street, sidewalk along Highway 2
south of Pioneers Boulevard, to eliminate the
crown from the pavement cross-section, parking lot
screening along S. 13th Street, and sanitary sewer
flow opposite street grades, on property generally
located northeast of the intersection of Pioneers
Boulevard and Highway 2. (In connection w/03-
Fact Sheet (522K)
(ADOPTED, 7-0; A-82385)
31) 03-149 Amending Chapter 8.20 of the Lincoln Municipal
Code to adopt changes to conform the Lincoln Food
Code to new State Food Code.
(PASSED, 7-0; #18253)
32) 03-150 Approving a three-year/6,000 hour lease agreement
between the City and Caterpillar Financial
Services Corporation for a 627G Caterpillar
Scraper. (PASSED, 7-0; #18254)
33) 03R-251 Adopting the Southeast Upper Salt Creek Watershed
Master Plan as an approved subarea plan and to
amend the Land Use Plan to designated land as
Green Space or Agricultural Stream Corridor along
the 100 year flood prone corridor, on property
generally located between Salt Creek and S.
70th Street, from Yankee Hill Road to
south of Saltillo Road. (10/1/03 - Motion to
Take Action at the formal City Council meeting on
Fact Sheet 1 (1.3MB)
Fact Sheet 2 (1.6MB)
(AMENDMENT CONCEPT C, LOST, 3-4; COOK, MCROY,
NEWMAN, WERNER DISSENTING; ADOPTED CONCEPT A, 5-2;
CAMP, SVOBODA DISSENTING; A-82386.)
PENDING LIST - DATE CERTAIN
34) 03-151 Change of Zone 3418 - Application of Kenneth and
Rosemary Franks for a change of zone from R-4
Residential District to H-2 Highway Business
District on property generally located east of N.
48th Street on Orchard Street. (9/29/03 - P.H.
Delayed to 10/27/03)
35) 03-130 Amending the Lincoln Corporate Limits Map by
annexing approximately 186.7 acres of property
generally located east of South 84th
Street between Old Cheney Road and Pine Lake Road.
(8/25/03 - Public Hearing Con't. To
Fact Sheet (974K)
PENDING LIST (EXTENDED ONE WEEK)
36) 00-65 Change of Zone 3196 - App. of the Interim
Planning Director for a change from B-1 Local
Business & R-3 Residential to B-2 Planned
Neighborhood Business & from R-3 Residential to AGR
Agricultural Residential, on property generally
located at S. Coddington Ave. & W. Van Dorn St.
(In connection w/00-67) (4/17/00 - Placed on Pending)
(3/5/01 - Placed on Pending)
Fact Sheet (1.4M)
37) 00-67 Change of Zone 3247 - App. of the Interim
Planning Director for a change from AGR Agricultural
Residential & R-3 Residential to B-2 Planned
Neighborhood Business, on property generally located
on the southwest corner of S. Coddington Ave. & W.
Van Dorn St. (In connection w/00-65)
(4/17/00 - Placed on Pending) (3/5/01 - Placed on
Fact Sheet (949K)
38) 01-39 Vacating the south 40' of X St. adjacent to
Lot 1, Block 6, North Lincoln Add., generally
located at N. 9th & X Sts.(4/2/01 - Action delayed
for two weeks to 4/16/01)(4/16/01 - Placed on pending
for 3 months 7/16/01) (7/9/01 - To remain on Pending)
Fact Sheet (1.1M)
39) 01-182 Amending Chapter 5.36 of the Lincoln Municipal
Code relating to Peddlers by adding a new section
to prohibit use by peddlers of any truck over 21
feet in length in any residential zoning district,
except for the purpose of delivery goods.
(12/17/01 - Placed on Pending until 1/14/02)
(1/7/02 - To remain on Pending)
Fact Sheet (4K)
40) 02R-20 Directing submittal to the qualified electors of
the city a proposed Charter amendment to Article IV,
Section 7, to allow the council, by ordinance, to
change the compensation of council members and to
provide that no increase in compensation shall become
effective during the council term in which voted.
(2/25/02 - Placed on pending indefinitely.)
Fact Sheet (4K)
41) 02-31 Vacating a 5' x 30'6" portion of North 7th
Street adjacent to the south 37'of Lot 9, Block 32,
Original Plat of Lincoln, generally located at
N. 7th and P Streets. (3/18/02 - Public Hearing
Cont'd. w/3rd Reading) (3/25/02- Action delayed to
4/8/02) (In connection w/02R-64)
(4/8/02 - Placed on Pending until policy
recommendation from Urban Development)
Fact Sheet (699K)
42) 02-114 Amending Chapter 2.54 of the Lincoln Municipal
Code by adding a new section entitled "Standards
of Ethical Conduct for Employees and Elected
Officials" to supplement the existing conflicts
of interest regulations. (7/29/02 - Placed
on Pending until a committee is formed)
Fact Sheet (4K)
43) 02R-259 Comp. Plan Amendment 02001.A - Application of
Realty Trust Group to amend the 2025
Lincoln-Lancaster County Comprehensive Plan
to change the designation from Agriculture to
Urban Residential and Commercial uses, on
property generally located at the northeast
corner of 84th and Van Dorn Streets.
(11/18/02 - Pending Indefinitely)
Fact Sheet (241K)
44) 03-65 Amending Chapter 4.62 of the Lincoln Municipal
Code to establish a Police and Fire Pension Plan
Board of Trustees to provide oversight and
direction with regard to the investment of the
assets of the Police and Fire Pension Plans.
(05/05/03 - Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, OCTOBER 13, 2003 AT 1:30 P.M.:
45) 03R-276 Reappointing Kent Thompson to the Lincoln Housing
Authority Board for a five-year term expiring July
46) 03R-277 Reappointing Gary Hejl and Rich Wiese to the
Community Forestry Advisory Board for a three-year
term expiring August 17, 2006.
47) 03R-278 Appointing William W. Lester to the Community
Health Endowment Board of Trustees for a thee-year
term expiring September 1, 2006.
48) 03R-279 Accepting the report of new and pending claims
against the city and approving disposition of
claims set forth therein for the period of
September 16 - 30, 2003.
Fact Sheet (14K)
49) 03R-280 Approving the 2003-04 Work Plan for the Stormwater
Interlocal Agreement between the City and the
Lower Platte South NRD for addressing stormwater
quality and quantity issues in the City.
Fact Sheet (56K)
50) 03R-281 Special Permit 634D - Application of F. Pace Woods
II to amend the Skyline Rolling Hills Community
Unit Plan to revise the lot layout to accommodate
wider rights-of-way for roundabouts and boulevards
with medians, including waivers to allow a
roundabout longitudinal grade from 3% to 5%, to
allow a splitter island approaching a roundabout,
and to allow driveway access off a roundabout, on
property generally located at South 21st Street
and Ridgeline Drive.
Fact Sheet (378K)
51) 03R-282 Accepting and approving the preliminary plat of
Old Mill Village consisting of 115 residential
lots and one outlot, including waiver requests to
allow street grades greater than 3% at an
intersection approach, to allow sanitary sewer
grades opposite street grades, to allow double
frontage lots, to allow block length to exceed the
maximum length without a pedestrian easement, and
waiver of improvements to urban standards, on
property generally located at S.W. 12th Street and
W. South Street.
Fact Sheet (465K)
52) 03R-283 Approving an application by the Parks and
Recreation Department to the Nebraska Game and
Parks Commission for financial assistance from the
Land and Water Conservation Grant Funds for
replacement of the public playground in Mahoney
Fact Sheet (73K)
Please note: During the open microphone & registered section of
the agenda, individuals are allowed a total of 5 minutes to speak
whether registered or not regardless of number of
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED
ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE
WEDNESDAY (10/08/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (10/13/03).
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA,
MAY DO SO AT THIS TIME.
ADJOURNMENT 4:47 P.M.
The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
Immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.